On Wednesday, July 8, the U.S. Supreme Court issued a much-anticipated ruling deciding that teachers at religious schools could not claim protections under anti-discrimination laws. The central issue in Our…

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Last week, in the case of Bellagio LLC v. National Labor Relations Board, the Circuit Court for the District of Columbia determined that the Bellagio Hotel and Casino in Las…

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As readers of this blog will note, we have previously noted a split among the U.S. Circuit Courts on the issue of whether class action waivers in arbitration agreements are…

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The Fifth Circuit Court of Appeals refused to enforce critical portions of the NLRB’s decision in D.R. Horton, Inc., including its decision that class action waivers in arbitration agreements violated…

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Labor unions in the United States have been struggling with declining membership for decades.  After reaching an all-time high of approximately 35% unionization of private sector employees in the 1950s,…

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Since the 2011 United States Supreme Court decision in AT&T Mobility v. Concepcion, appellate courts have assessed whether arbitration clauses with class action waivers are enforceable.  Concepcion said yes and…

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For the first time since January 2012, the National Labor Relations Board (NLRB) unquestionably has a quorum to issue rulings.  This comes on the heels of the U.S. Senate’s votes…

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According to the National Labor Relations Board, employers are free to have policies limiting e-mail usage for business purposes only.  They are just not free to enforce it. At a…

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Several weeks ago, the NLRB filed a petition for certiorari in the U.S. Supreme Court asking it to reverse the decision of the U.S. Court of Appeals for the D.C. Circuit…

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Just when you thought it was safe to go back in the water, the NLRB issued two new decisions in social media cases, one ordering the reinstatement of a tour…

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